(a)
BEACH
PARK
PLAYGROUND
PRIVATE PARKING AREAS
PUBLIC PARKING AREAS
PUBLIC WAYS
TOWN FOREST
Definitions. The following words as used in this section, unless
the context otherwise requires, shall have the following meanings:
Any beach under the care and control of the Town and beaches
within the limits of the Town to which the public has a right of access.
Any public park under the care and control of the Town of
Weymouth.
Any playground under the care and control of the Town of
Weymouth.
Any private parking area throughout the Town to which the
public has the general right of access.
Any public parking area under the care and control of the
Town of Weymouth.
All ways to which the public has a right of access.
Any Town forest under the care and control of the Town of
Weymouth.
(b)
Consumption in public places without permission prohibited. No person shall drink or consume alcoholic beverages, as defined in MGL c. 138, § 1, while on, in or upon the public ways and places set forth in Subsection (a), above, or places to which members of the public have access as invitees or licensees, or a park, Town forest, public parking area or playground, or any beach under the care and control of the Town or on any beach within the limits of the Town to which the public has a right of access, or on private land or place without the consent of the owner or person in control thereof.
(c)
Evidence of violation. Possession of an open can, bottle or other
container, which upon analysis by the Police Department is determined
to contain an alcoholic beverage as defined in MGL c. 138, § 1,
shall be prima facie evidence of drinking or consuming said alcoholic
beverage. All alcoholic beverages being used in violation of this
section shall be seized and safely held until final adjudication of
the charge against the person or persons summoned before the court.
(d)
Arrest without warrant; penalty. A police officer may arrest without
a warrant anyone who violates this section. Whoever violates any provision
of this section shall be liable to a penalty of $100 for each violation.
(a)
Prohibition. No person, whether in or upon a vehicle, motor vehicle,
conveyance or in or upon any bus or other passenger conveyance operated
by a common carrier, or on foot, shall burn, smoke, ingest, or otherwise
use or consume marihuana (marijuana), tetrahydrocannabinol or marihuana
(marijuana) infused products, as defined in MGL c. 94C, § 1,
as amended, and 105 CMR 725.004, while in or upon any street, sidewalk,
public way, footway, passageway, stairs, bridge, park, playground,
beach, recreation area, boat landing, public building, schoolhouse,
school grounds, cemetery, parking lot, or any area owned by or under
the control of the Town of Weymouth; or in any place accessible to
the public, or on private land or place without the consent of the
owner or person in control thereof.
(b)
Enforcement. This section may be enforced through any lawful means
in law or in equity by the Mayor, or duly authorized agents, or any
police officer of the Town of Weymouth, including, but not limited
to, enforcement by criminal indictment or complaint pursuant to MGL
c. 40, § 21, or by noncriminal disposition pursuant to MGL
c. 40, § 21D. Whoever is found in violation of this section
shall, when requested by an official authorized to enforce this section,
state his true name and address to said official. The fine for a violation
of this section shall be $300 for each offense. Any penalty imposed
under this section shall be in addition to any civil penalty imposed
under MGL c. 94C, § 32L.
(c)
Seizure of controlled substances. All controlled substances being
used in violation of this section shall be seized, held, and disposed
of in accordance with MGL c. 94C, § 47A.
(d)
Severability. If any provision of this section is determined to be
invalid or unenforceable by final judgment or order of a court of
competent jurisdiction, the remaining provisions shall continue in
effect to the extent permitted by law.
